Explanatory Memorandum to COM(2005)138 - EC position concerning the proposal to amend the International Convention on the Harmonisation of Frontier Controls of Goods 1982

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dossier COM(2005)138 - EC position concerning the proposal to amend the International Convention on the Harmonisation of Frontier Controls of Goods ...
source COM(2005)138 EN
date 14-04-2005
1. The International Convention on the Harmonisation of Frontier Controls of Goods (the Harmonisation Convention), signed at Geneva on 21 October 1982, was approved on behalf of the Community by Council Regulation (EEC) No 1262/84 of 10 April 1984 i and entered into force on 12 September 1987. There are currently 45 Contracting Parties to the Convention, including the European Community and its Member States.

2. The Harmonisation Convention introduced measures designed to facilitate, and so develop, international trade through the harmonisation (where appropriate) of the various frontier controls that are applied to the movement of goods. However, the rapidly changing political scene in Central and Eastern Europe made it necessary, in particular, to consider ways to rationalise other border crossing formalities.

3. The UN/ECE Inland Transport Committee decided at its February 1999 session that the Harmonisation Convention should be revised to include provisions to facilitate the border crossing of vehicles carrying perishable goods under the provisions of the ATP Agreement i The UN/ECE Working Party on Customs Questions affecting Transport, with the assistance of an ad hoc expert group, has subsequently produced draft proposals to add a new annex to the Harmonisation Convention in order to complement the existing provisions.

4. The purpose of the draft annex is to facilitate international trade by reducing, harmonising and co-ordinating procedures and paperwork in connection with the border control of goods, in particular live animals and perishable goods. The draft annex essentially contains obligations that aim at reducing delays at border crossing points in respect of live animals and perishable goods (through, by example, the use of 'one stop' technology to enable joint controls between neighbouring countries 24 hours a day, and the separation of traffic flows to give priority to the movement of these goods), improving the operation of border crossing points, as well as technical matters relating to the mutual recognition of international vehicle inspection and weight certificates.

5. The facilitation of international trade and the removal of technical obstacles to trade is an objective of the common commercial policy and thus falls under the exclusive competence of the Community. The measures set out in the draft annex are consistent with Community legislation.

6. In the light of the above, the Commission proposes that the Council adopts the annexed decision.